Does a Small Business Legally Need a Fire Risk Assessment?
If you run a small business, you might assume that stringent fire safety regulations only apply to large corporations, high-rise buildings, or multi-occupancy commercial estates. However, under UK law, fire safety compliance is determined by the presence of employees and the public, not the size of your premises.
Whether you operate a small retail unit, a compact office, or a local workshop, understanding your legal duties is essential. This article explains the legal requirements for a fire risk assessment for small business premises and what you need to do to stay compliant.
The Legal Requirement
Under the Regulatory Reform (Fire Safety) Order 2005 (RRO), which applies to England and Wales, and equivalent legislation in Scotland and Northern Ireland, virtually all non-domestic premises are required to have a suitable and sufficient fire risk assessment.
According to the Regulatory Reform (Fire Safety) Order 2005, if you employ one or more people, you are legally required to have a fire risk assessment in place. Furthermore, even if you are self-employed, work alone, or run a small business with no employees, you must still conduct an assessment if your premises are open to the public or if you share a building with other businesses.
The law also places the responsibility for fire safety squarely on the Responsible Person. In a small business, this is usually the employer, the business owner, or the person who controls the premises. The Responsible Person has a legal duty to ensure that a fire risk assessment is carried out and that it is reviewed regularly to remain valid.
What Counts as a Small Business?
In the context of fire safety, the legislation does not provide a specific exemption based on the number of staff, the square footage of your commercial space, or your annual turnover. The requirements apply universally across various small business environments, including:
- Small offices and co-working spaces
- Independent retail shops and boutiques
- Pubs, cafes, and small hospitality venues
- Small workshops, garages, and light industrial units
- Self-employed contractors operating from a dedicated commercial premises
If your business operates from a commercial building, or a building that the public has access to, the fire safety laws apply to you. The size of the premises simply dictates the complexity of the assessment, not whether one is legally required.
What Must the Assessment Include?
A fire risk assessment is a systematic evaluation of your premises to identify fire hazards, determine who might be at risk, and implement measures to reduce or eliminate those risks. While the complexity will be lower for a small business compared to a large factory, the core requirements remain the same.
A suitable and sufficient assessment should identify potential ignition sources, flammable materials, and the people at risk, including employees, customers, and any vulnerable individuals. It must also evaluate the adequacy of existing fire safety measures, such as fire detection systems, escape routes, fire doors, and firefighting equipment.
To ensure consistency and thoroughness, many businesses follow the guidance outlined in PAS 79, the publicly available specification that provides a structured methodology for conducting fire risk assessments. Using a recognised framework helps ensure that no critical hazards are overlooked, even in smaller premises where risks might seem minimal.
Can You Do It Yourself?
The law states that the Responsible Person must carry out or appoint a competent person to conduct the fire risk assessment. For very low-risk environments, a business owner might feel capable of doing this themselves. However, you must be confident that you have the necessary knowledge, training, and understanding of fire safety principles to do so accurately.
If you lack the expertise to identify complex fire hazards or to implement the necessary preventative measures, you must appoint a professional to carry out the assessment on your behalf. Failing to produce a suitable and sufficient assessment can lead to enforcement notices, fines, or even prosecution in the event of a fire.
When Should It Be Reviewed?
A fire risk assessment is not a one-off legal box-ticking exercise. It is a living document that must be kept up to date. You should review your assessment regularly—typically annually for most small businesses—and specifically when significant changes occur.
If you alter the layout of your premises, change your operational processes, or increase your number of employees, the existing assessment may no longer be valid. Any material change to the building or the activities within it requires an immediate review to ensure that new hazards have not been introduced.
How HawkSwift Can Help
Navigating fire safety legislation can be complex, but ensuring compliance does not have to be a burden. At HawkSwift Ltd, our NEBOSH-qualified assessors provide thorough, practical evaluations tailored to your specific premises. We deliver comprehensive fire risk assessments from £199 + VAT, with detailed reports returned within 48 hours to help you achieve compliance quickly and efficiently. To ensure your business meets its legal duties, book a fire risk assessment with our team today.